| Bronx Drug
Defendant Was Moved to MDC Then Found
Guilty, Co-D Wants New Lawyer
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- ESPN
SDNY COURTHOUSE,
Sept 22 – In a multi-defendant
drugs and guns case there was
to be, and was, a jury trial
in the fourth quarter of
2021.
On
April 2, 2021 U.S. District
Court for the Southern
District of New York Judge
Valerie E. Caproni held a
proceeding. Inner City Press
covered it - and the trial.
The case
includes shootings on Willis
Avenue in the South Bronx.
Judge Caproni said she would
be asking for a trial spot in
the fourth quarter, but
couldn't yet know the date.
She said she
anticipated trying any
remaining defendants in a
single trial, "to the extent
possible in light of the
ongoing COVID-19 pandemic."
And the solo
defendant trial of Jose Caban
ran through October 19.
But just before it, the Bureau
of Prisons moved Caban from
the MCC to the MDC - and
declared he must be
quarantined.
On October
12 Judge Caproni
formally ordered that the
defense attorney must be
allowed into the MDC with
laptop to meet or "anyone in
the MDC who refuses to comply
with this Order must be
prepared to be held in
contempt of court." That did
not happen.
But on October 19
with a Magistrate Judge and
staff in the gallery the jury
came back, guilty. Inner City
Press was in the back row.
Jump cut to
October 18, 2022, when
co-defendant Tyler Patterson
docketed a letter to Judge
Caproni asking for new counsel
after an "Anders v California
brief was filed." Judge
Caproni responded that since
he is appeal, he needs to
direct the request for new
counsel to the Second Circuit
Court of Appeals.
The case is US v.
Avila, et al., 19-cr-166
(Caproni)
***
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